I have joint legal and physical custody of our 3 1/2 year old son with my ex-wife in RI. The MSA spells out each day the child is with myself and his mother. She is not allowed to phone me unless it is in regards to an emergency with our son. All...
From what you've described she is violating the terms of the MSA. A motion to enforce the MSA / adjudge her in contempt may be the appropriate next step. A motion to restrain and enjoin her from excessive communication is another option. On a larger scale, it sounds like it may assist the two of you to engage in some kind of co-parenting counseling. You should meet with an attorney to review the agreement and advise as to the next step.See question
I'm getting confused on when to file the paperwork. Do I file on the 20th day after the decision pending has been entered or on the 21st day? The judge signed my pending entry on December 22
This is assuming your divorce was on the basis of having lived separate and apart for a period of 3+ years. The statute states: Final judgment shall not be entered until the expiration of twenty (20) days after entry of the judgment. This has been interpreted to mean you enter on the 21st day.See question
I live in rhode island and am getting a divorce. My spouse is contesting but i have a job offer in another state. Can i move out of state after i see the judge to establish residency and acknowledge the divorce and let my lawyer finish the rest? A...
You've indicated you have a lawyer. That being the case, you should address this question to him or her. Your lawyer can best advise you as to how the process works, depending on what phase of it you are in, and how often you will be expected to return to deal with the divorce.See question
Are my obligation now?
Your obligation remains the same until modified by court order. This can be accomplished via the filing of a motion and ruling by a judge or by agreement. You should consult with an attorney as there may be pitfalls you want to avoid. For instance, if the original order is several years old you may find that the child support guidelines have increased or income has increased such that a new order may not be different. You also need to be cautious with garnishment and bookkeeping with the court, if applicable.See question
live w/my fiancee or vice versa..??. (Currently both own separate homes, we are both trying to sell our current homes to purchase a new one as a family.)
Unless you are prohibited from living with an unrelated female in your final judgment of divorce or your settlement agreement, then I see no legal impediment from living together now.See question
My wife served me roughly two weeks ago. Now she wants to purchase something over $5,000 and finance it. How do I make sure I will not be responsible for the debt. I know she's not supposed to add more debt. What do I do
I agree with Attorney DeLuca. At this point it's unclear whether or not she's in violation of the automatic orders. However, it's certainly clear that you are having issues very early on in the divorce and you'd be well served to retain an attorney and not attempt to deal with these issues on your own. There are several competent family law attorneys on AVVO, and any of us would be happy to meet with you.See question
Can I retain Lawyer in Rhode Island to file for reduction of Alimony ?
Attorney Hirsch and Attorney Bedford are right on. You need to meet with an attorney. No one can give you a yes or no newer based on the facts you've provided.See question
hired a lawyer. keep getting bills and are over $3,000. Started at $1500 said it would be a quick case. Child 19 dropped out of school. Still paying child support. Now x is countersuing based on old Hawaii order that we pay if he continues school ...
If you are uncomfortable with your current representation you may want to seek new Counsel. The fact pattern suggests you need an attorney.See question
I have been paying child support for 9 years for 2 children my oldest is 20 and my youngest turns 18 and graduates high school in June. My divorce decree states that I am order to pay CS until each of my minor children attains the age of 18 or gr...
You should file a motion and serve your ex. In fact you could file a motion now as to your 20 year old to modify, but you may not want to. If the order is 9 years old there is a chance that you are paying less than what you would be paying for one child. It's impossible to know without knowing your income. Minimally you should file a motion to terminate child support and to terminate wage garnishment in June.See question
I submitted my decision pending entry final judgement on December 11. It was not contested, I know they said 3 months, but I'm not sure if it has to be exactly or just some time after three months. Also, what is the difference in paperwork? Do I ...
You must wait three months and 1 day following the hearing. So, for example, if you had a hearing on January 1, 2015, the earliest date you can file the final judgment is April 2, 2015. This is assuming you filed a divorce on the basis of irreconcilable differences, which it sounds like you did, based on the clerk's instructions. You do not need to file it right on that day - in fact, you will have a 30 day window, following that day to file the final judgment "in time". If you fail to file it in that 30 day window, you will have to file a motion to enter the final judgment - so try to get it in on time. As to your second question - yes, you must indicate that there are no motions pending. That is a requirement.See question